Book of Church Order

The Operating Manual for Standing Judicial Commission (OMSJC)

With revisions adopted through the 51^st General Assembly (2024)

Changes to OMSJC in 2024:

OMSJC 4.2; 7.2; 7.4.c and d; 8; 9.1; 9.2; 10.5.a; 10.7.b; 10.10; 10.11.a; 11.3.b; 12.10; 13.7; 14.7; 17.1; 17.6; 17.7.d;

17.8.h(4) and (5); 18.4.a(2); 18.4.b(2); 18.6; 18.8.a; 18.10

PREFACE

This Manual is subordinate to the Constitution of the Presbyterian Church in America and to the Rules of Assembly Operation.  If there is any conflict between the provisions of this Manual and the Constitution or Rules of Assembly Operation, the Constitution or Rules of Assembly Operation shall take precedence.

CONTENTS

1. MEMBERSHIP

2. CONDUCT OF COMMISSION MEMBERS

3. OFFICERS AND THEIR DUTIES

4. MEETINGS

5. EXPENSES

6. QUORUM

7. THE RECORD OF THE CASE

8. BRIEFS

9. ADMINISTRATIVE PROCEDURE

10. JUDICIAL PANELS

11. HEARING BY THE FULL COMMISSION

12. PROCEDURE FOR HEARING A JUDICIAL REFERENCE CASE (BCO 41)

13. PROCEDURE FOR HEARING AN APPEAL (BCO 42)14

14. PROCEDURE FOR HEARING A COMPLAINT (BCO 43)

15. PROCEDURE FOR HEARING A REPORT ARISING OUT OF GENERAL REVIEW AND CONTROL (BCO 40; RAO 16-10.c)

16. PROCEDURES FOR ASSUMING ORIGINAL JURISDICTION OVER A MINISTER (BCO 34-1)

17. DECISIONS, REVIEW AND REHEARING THEREOF

18. MISCELLANEOUS

19. REPORTS

20. AMENDMENTS, USE, AND DISTRIBUTION OF OPERATING MANUAL

CHAPTER ONE

MEMBERSHIP

1.1 Membership shall be determined by the General Assembly in accordance with BCO 15-4.

CHAPTER TWO

CONDUCT OF COMMISSION MEMBERS

2.1 A member shall, at all times, keep in mind his high calling as an officer of the church of the Lord Jesus Christ and shall in all endeavors conduct himself in accordance with that calling. Further, since “ecclesiastical discipline… can derive no force whatever but from its own justice, the approbation of an impartial public, and the countenance and blessing of the great Head of the Church” (BCO, Preface, II. Preliminary Principles, 8), the members of the Standing Judicial Commission must maintain the highest standards of integrity, independence, impartiality, and competence.

2.2 All members of the commission, including officers, shall be entitled to participate in the discussion and to vote on any matter pending before the commission for which they are qualified.

2.3 A “qualified” member under these Rules is any member of the commission who:

a. in a hearing (OMSJC 10.8.a (2)) has read the Record of the Case and all briefs timely filed by the parties;

b. in a review or rehearing OMSJC 17.8.b has read the Judicial Panel’s proposed decision, all briefs timely filed by the parties, and that portion of the Record of the Case the member feels necessary to understand the issues of the case;

c. heard the arguments of the parties (if such arguments are presented) and the discussion as to the merits of the matters in controversy; and

d. is not disqualified for one or more of the reasons stated in Sections 2.4-2.12 below.

2.4 A member shall not render judgment in any matter pending before the commission on the basis of anything other than the Constitution of the Church and the facts presented by the Record of the Case and the other materials properly before him. If he
finds himself subject to any other influence, or if he finds himself unable to render the judgment so required, he shall recuse himself from further proceedings in that matter.

2.5 A member of the Commission shall not make any public or private statement that might reasonably be expected to affect the outcome of a pending matter or impending matter in any court of the church (BCO 11-4; 39-3).

a. A pending matter is a matter with respect to which process (BCO 31-2, ¶ 2) has commenced or which has been filed under the Rules of Discipline with the appropriate court. A matter continues to be pending through any appellate process. (BCO 39-1).

b. An impending matter is a matter that is reasonably expected to (a) become a case of process or (b) otherwise be brought before an appropriate court for consideration. “Reasonably” refers to the judgment of one in possession of all the relevant facts, which facts are subject to a fair-minded assessment.

2.6. So long as he complies with Section 2.5 above, a member may make public or private statements in the course of his duties as a presbyter or Session member with respect to biblical teaching, confessional interpretation, the principles of the form of government and discipline, the requirements of the BCO, the Rules of Assembly Operation, Robert’s Rules, and may explain Commission procedures. If such statements seem to the member especially liable to be construed to address a pending or impending matter before the Commission, a member making such public or private statements shall expressly qualify the statements indicating that they are limited to the subject matters permitted by this subsection and are not made with a view to any pending or impending matter.

2.7. A member of the Commission shall not discuss or comment on a pending or impending case with any party in the case or any person other than a Commission member, except as otherwise provided in the Manual or in the BCO.

2.8. Notwithstanding Section 2.5 above, a member of the Commission may fully participate in a judicial matter before the Presbytery or Session of which he is a member and advise his Presbytery or Session in judicial matters.

2.9. A member of the Commission shall not represent himself or any other party before the Commission.

2.10. A member of the Commission shall perform the duties of his office with impartiality and shall be diligent to maintain the impartiality of the Commission.

a. A member must be objective and open-minded with respect to all issues and parties.

b. A member shall not, in connection with cases, controversies, or issues that are likely to come before the court, make pledges, promises, or commitments that are inconsistent with the impartial performance of the duties of his office.

c. A member shall not initiate, permit, or consider ex parte communications, or consider other communications made to the member outside the presence of the parties or their representatives, concerning a pending or impending matter, except as follows:

(1) When circumstances require it, ex parte communication for scheduling, administrative, or emergency purposes, which does not address substantive matters, is permitted to a Commission officer, or panel convener, chairman, or secretary.

(2) If a member receives an unauthorized ex parte communication bearing upon the substance of a matter, the member shall promptly notify the Officers of the substance of the communication in writing.  The Officers shall promptly notify the parties of the substance of the communication in writing.

(3) A member shall not investigate facts in a matter independently, and shall consider only the evidence presented and any facts that may properly be judicially noticed.

d. A member shall disqualify himself in any proceeding in which the member’s impartiality might reasonably (see Section 2.5.b) be questioned, including but not limited to the following circumstances:

(1) The member has a personal bias or prejudice concerning a party or a party’s representative, or personal knowledge of facts that are in dispute
in the proceeding, which is inconsistent with the impartial performance of the duties of his office.

(2) The member, while a member or after nomination to membership, has made a public statement, other than in a court proceeding, judicial decision, or opinion, that commits or appears to commit the member to reach a particular result or rule in a particular way in the proceeding or controversy.

(3) The member or a family member (i.e. sibling, parent, child, or spouse, and the spouse of any sibling, parent, or child):

i served as a representative in the matter in controversy;

ii was a witness concerning the matter; or

iii is a member of a court which is party to the case or was a commissioner to a court which is a party to the case during the time of the proceedings in question.

e. A member subject to disqualification under this chapter shall disclose on the record the basis of the member’s disqualification.

2.11. A member of the Commission shall conduct his extra-Commission activities to minimize the risk of conflict with the obligations of office thereby ensuring that he is available to fulfill his duties. A member shall not participate in activities that require the frequent disqualification of the member.

2.12. The enforcement of the Commission’s standards of conduct shall be as follows:

a. Concerns with respect to a member’s conduct as a member of the Commission shall be directed to the Officers of the Commission who shall respond to those concerns, after consulting with the member.

b. If the eligibility of a member is questioned, the chairman shall rule on the member’s eligibility.  By majority vote the Commission may reverse the ruling of the chairman on the member’s eligibility.

c. To maintain order and decorum at meetings the procedures and sanctions of RONR (12th ed.), 61:6-61:21, shall be available to the Commission, except that the Commission may not suspend the rights of membership or expel a member from the Commission.

d. By a two-thirds vote the Commission may recommend to the General Assembly that a Commission member be removed from the Commission for cause. The recommendation shall include a brief statement of the grounds for the recommendation.

e. Should the conduct leading to a recommendation that a member be removed from the Commission be potentially liable to censure under the Rules of Discipline, the Commission may include in its recommendation to the General Assembly a further recommendation that the grounds for removal be forwarded to the appropriate court of original jurisdiction for consideration under BCO 31-2.

CHAPTER THREE

OFFICERS AND THEIR DUTIES

3.1 Officers of the Commission shall be elected from its membership and shall be a Chairman, Vice-Chairman, Secretary and Assistant Secretary.

3.2 These officers shall be elected annually at the March stated meeting and shall take office at the adjournment of the General Assembly.

3.3 After a member has served in the same office for three consecutive years, he is not eligible for election to the same office in the fourth year, but later may be elected to serve in the same office.

3.4 The Chairman shall preside at meetings and perform other duties assigned by the Commission.

3.5 The Vice-Chairman shall assist the Chairman and in his absence or incapacity shall fulfill his duties.

3.6 The Secretary shall record the minutes of the meetings and the votes of SJC and maintain the records of the Commission and perform other duties specified in this Manual and/or assigned by the Commission.

3.7 The Assistant Secretary shall assist the Secretary and in his absence or incapacity shall fulfill his duties.  The Assistant Secretary shall report to the full SJC every other month the status of all cases.

3.8 Under the supervision of the Chairman and Secretary, the Stated Clerk of the General Assembly shall be the Clerk of the Commission.  The Clerk of the Commission shall perform the following functions on behalf of the Commission:

a. keep the records of the Commission;

b. perform the administrative functions required under the Manual;

c. keep the records of and process all the regular correspondence and notices required by this Manual;

d. as requested by the SJC Officers or by the Clerks of the Presbyteries, advise the Stated Clerks of Presbyteries on matters of proper form and procedures in the preparation of the Record of the Case;

e. on behalf of the Officers, initially review the Record of the Case for each case before the Commission and make inquiries of the lower court in relation to any obvious technical errors or corrections; and

f. perform such other functions as directed by this Manual or the Officers of the Commission.

3.9 The Clerk shall send a copy of the Manual to each new member of the Commission elected by the General Assembly; and he shall also send copies of any pending cases and papers presently before the Commission.

3.10 The Minutes of the Officers’ Meetings are to be reported for review to each meeting of the full Commission.

CHAPTER FOUR

MEETINGS

4.1 The stated meetings of the Commission shall begin on the first Thursday of March and on the third Thursday of October in each year. The stated meetings may be held by telephone conference call if, in the unanimous judgment of the officers and the Panel Chairmen prepared to report a Panel decision, if any, there is insufficient business to warrant a face-to-face meeting. By the same standard, a stated meeting may be canceled. The duration of these meetings shall be set by the Chairman in consultation with the other officers, as guided by the need to make the most efficient use of time, while not slighting the right of parties appearing to a fair hearing, and not restricting full and free deliberation on the part of the Commission. Ordinarily these stated meetings shall be scheduled to begin at 9 a.m. on Thursday and to conclude no later than noon on Friday. Other business to be considered shall be governed by the procedure set out in Section 4.2.

4.2 In addition to the stated meetings specified in Section 4.1, the Commission may hold special meetings, provided such special meetings shall be called by one of the following methods, to-wit:

a. The Officers of the Commission may call a special in person meeting at any time upon at least 30 days’ notice or a special phone or videoconference meeting upon at least 14 days’ notice.

b. The Commission, at any stated meeting, may announce a call of a special meeting, provided the time and place is specified in the call. A notice of the call of the special meeting shall be sent immediately by the Stated Clerk to all absent Commission members.

c. If at least six Commission members request, in writing, a special called meeting, the Chairman and Secretary shall issue a call within 10 days from receipt of the request.

The call of a special meeting shall specify the business to be considered at the meeting, and no other business may be considered except by an affirmative vote of three-fourths of those members present and voting, which in no case shall be less than 13 affirmative votes of members of the Commission. Further, no action may be taken on any case not specified in the call. The Officers may amend the call for the consideration of additional business if notice thereof is sent by electronic means to the Commission members no less than 14 days before the date of the meeting.

No special meeting of the SJC shall be scheduled less than 30 days after the date on which the call is issued.

4.3 If under the Rules of this Manual a review or rehearing by the full Commission of a proposed decision by a Judicial Panel is required, the Officers shall place it on the docket at the next stated meeting.

CHAPTER FIVE

EXPENSES

5.1 The expenses incurred by the Commission, its panels, and its members shall be borne by the Administrative Committee of General Assembly. All expenses (including travel expenses) incurred by a party or by the witnesses called by that party shall be borne by that party.

5.2 The parties shall be responsible for the notification and expenses of their own witnesses.

CHAPTER SIX

QUORUM

6.1 A quorum for the transaction of business at any meeting of the Commission shall be 13 qualified members, composed of at least 5 teaching elders and at least 5 ruling elders.

6.2 A quorum for the transaction of business at any meeting of a Judicial Panel appointed hereunder shall be the number of the members of the Judicial Panel appointed as principals.

CHAPTER SEVEN

THE RECORD OF THE CASE

7.1 The Record of the Case shall be prepared by the Clerk of the lower court and shall be submitted to the Office of the Stated Clerk.

7.2 Content

a. The Record of the Case in an Appeal shall be prepared in accordance with BCO 32-18 and 42-5 which shall include:

(1) a copy of all proceedings in connection with the case, such as the Minutes of the trial before the lower court, the charges, answers, citations and returns;

(2) the notice of appeal and reasons therefor;

(3) all transcribed testimony actually taken before the lower court (BCO 35-9). Audio and/or video recordings shall not be admissible or be made a part of the Record of the Case unless the same have been transcribed and authenticated by the Moderator and Stated Clerk of the lower court (BCO 35-10);

(4) the response of the lower court in its actions, orders, decisions and judgment;

(5) any papers bearing on the case.

b. The Record of the Case in a Complaint shall be prepared in accordance with BCO 43-6 which shall include:

(1) a copy of all the lower court’s proceedings in connection with the complaint, including the notice of complaint and supporting reasons and Minutes of any hearing;

(2) the response of the lower court, its acts, orders, decisions and judgment;

(3) all transcribed testimony actually taken before the lower court (BCO 35-9). Audio and/or video recordings shall not be admissible or be made a part of the Record of the Case unless the same have been transcribed and authenticated by the Moderator and Stated Clerk of the lower court (BCO 35-10);

(4) any papers bearing on the complaint.

c. The Clerk shall work with the Office of Stated Clerk of the General Assembly to provide an inventory of documents for the Record.

d. The Clerk shall provide a summary timeline of the Case. This will include dates that important documents were filed, dates parties received important notifications, significant actions of the original and higher courts related to the matter and dates thereof in the following format.

MM/DD/YY Session action.

MM/DD/YY John Doe filed complaint with Session.

MM/DD/YY Session called meeting; complaint was considered and denied.

MM/DD/YY Complainant received notification that his complaint was denied.

MM/DD/YY Complainant carried/filed that complaint with Presbytery.

MM/DD/YY Presbytery stated meeting; complaint was considered and denied.

MM/DD/YY Complainant notified Presbytery Clerk he had carried/filed it with the SJC.

7.3 The Stated Clerk shall send a copy of the Record of the Case to

a. the members of the Commission if the case is to be heard by the Commission, or to the members of the Judicial Panel and to the alternate members of the Judicial Panel if the case is to be heard by a Judicial Panel; and

b. the parties to the case. The Stated Clerk shall notify the parties that the SJC Manual is printed as an appendix to the Book of Church Order.

7.4 The parties shall have the right to examine the Record of the Case. Corrections to the Record of the Case shall be considered as follows:

a. The Panel Chairman, or the Chairman of the Commission if the case is to be heard by the Commission, shall serve as mediator between the parties with respect to the perfection of the Record. The Convener of a Panel may initiate this process (cf. OMSJC 10.3).

b. The hearing body may delete any portions of the Record as submitted that violate justice or due process, a provision of the BCO or Roberts Rules of Order, or that are extraneous to the matter before the Commission. The hearing body may also require the addition of material to the Record that is relevant to the Case. Deletions and additions shall always be recorded in the minutes of the hearing body, with the approved rationale for the change. Any deletions or additions shall be reported to the parties, and may be addressed in argument from the parties in any hearing requested by a party on the ROC.

c. If a party objects to the Record as being incorrect or incomplete, such party shall notify: (i) the Stated Clerk, (ii) the Panel Chairman or the Chairman of the Commission if the case is to be heard by the Commission, and (iii) the other party, by electronic means within 15 days of the date of receiving of such Record of the Case from the Stated Clerk, obtaining a receipt of acknowledgment from each. Any party so objecting shall specify, in writing, the alleged defect(s) and proposed remedy(ies). Failure to lodge a timely objection to the Record of the Case shall constitute acceptance of the Record of the Case by the parties.

d. If the other party shall accede to the objection, it shall be so stipulated in writing and made a part of the Record of the Case. Such stipulation shall be filed by electronic means with the Stated Clerk and the Panel Chairman, or the Chairman of the Commission if the case is to be heard by the Commission, not more than 30 days after the date the last party received such Record of the Case from the Stated Clerk, obtaining a receipt of acknowledgment.

e. If the other party does not accede to the objection, the Judicial Panel, or the Commission if the case is to be heard by the Commission, shall hold a hearing by electronic conference with respect to the objection.

(1) In preparation for the hearing the Chairman shall:

(a) Set a date and time for the hearing, making every reasonable effort to obtain such date and time as may be agreeable to the parties.

(b) Notify the parties of such date and time for the hearing by electronic means not less than 14 days prior to the date of hearing, obtaining a receipt of acknowledgement from each party. Such 14 day period may be shortened if the parties agree in writing.

(c) Notify the parties of their right to submit briefs according to the standard set forth in OMSJC 8.4.a. of not more than 5 pages in length.

(2) The hearing shall proceed as follows:

(a) After the hearing has been opened, but before any arguments are presented, the members of the Panel or Commission shall have the opportunity to question the parties with respect to the matter at hand. The same shall be true after the conclusion of the time for argument.

(b) A party shall have a maximum of 20 minutes to address the question, the time divided between opening arguments by the parties in turn, and rebuttal arguments by the parties in turn.

(c) At any time during which a party is presenting an argument, a member of the Panel or Commission may ask questions of that party; the time taken for such questions shall not form a part of the time of the party questioned.

(3) After oral argument the parties shall be dismissed and the Panel or Commission shall make a decision as to whether in fairness and justice the Record of the Case should be corrected.

f. The Judicial Panel, or the Commission if the case is to be heard by the Commission, may extend any of the deadline dates in this section if it determines that so doing is in the interest of justice.

CHAPTER EIGHT

BRIEFS

8.1 Review Briefs

In the event that the Officers find that a case is not administratively in order (OMSJC 9.1(a)), or a Judicial Panel finds that a case is not judicially in order (OMSJC 9.1(b) & OMSJC 10.5-6), each party may file a review brief setting out the party’s position regarding whether the case is in order. In such review brief the parties may allude to those documents that have been supplied by the lower court as the proposed Record of the Case and may additionally allude to any documents that were not submitted as part of the proposed Record of the Case but only if such documents bear on whether the case is in order. Review briefs shall be filed with and reviewed by the officers if no panel has been assigned and shall be filed with and reviewed by a panel if a panel has been assigned.

8.2 Preliminary Briefs

a. Once the Record of the Case is established only one preliminary brief may be submitted through the Stated Clerk before the initial hearing by a Panel or the Full Commission, whichever is hearing the case. Any preliminary brief from a Complainant or Appellant shall be filed after the Panel has declared the case judicially in order and no later than 14 days after he receives the established (perfected) ROC. The Stated Clerk immediately shall mail a copy of this brief to the Respondent or Appellee. Any preliminary brief from a Respondent or Appellee must be filed no later than 14 days prior to the date set for the hearing of the case.

b. Such a preliminary brief should include the party’s position with regard to the following:

(1) A summary of the facts.

(2) A summary of the proceedings in the lower court(s).

(3) A statement of the issues.

(4) The proposed judgment and relief.

(5) Argument in support of judgment and relief.

8.3 Supplemental Briefs

A supplemental brief may be filed only when the case initially has been heard by a panel. Within 14 days after a party has received a proposed and recommended decision of a Judicial Panel under OMSJC 17.5 of this Manual, that party may file with the Stated Clerk a supplemental brief which shall be limited to setting forth errors the party believes were made in the proposed and recommended decision of the Panel or Commission in accordance with OMSJC 17.9.a. In the event of a rehearing before the full Commission, each party may file a supplemental brief in accord with a briefing schedule to be established by the officers of the Commission.

8.4 No brief of a party shall make any reference to any fact not a part of the Record of the Case. The Panel or Commission may, at its discretion, strike all or part of a brief that makes such reference.

8.5

a. Any brief filed hereunder must be typewritten or printed on 8-1/2 x 11 inch paper, with no smaller than 12 point type, with 1 inch margin on all sides, line numbering that restarts on each page, and may be single spaced. All briefs shall also be filed by electronic means with the Stated Clerk. The text of footnotes shall be no smaller than 10 point type and shall be single spaced.

b. Any review brief shall not exceed two pages in length. The preliminary brief filed by a party shall not exceed 12 pages in length. Any supplemental brief filed by a party shall not exceed 6 pages in length. Briefs may include a cover page and table of contents which shall not count toward the page limitation.

c. Any brief timely filed which does not meet these standards of form shall be returned to the sending party with reasons. In this case a revised brief may be submitted provided that such brief is filed with the Stated Clerk within 5 days of notification that the brief does not meet the standard of form.

8.6 Failure to file a brief by a party shall not be considered to be an abandonment of the case.

CHAPTER NINE

ADMINISTRATIVE PROCEDURE

9.1 When a judicial case is submitted to the Commission, the Officers shall make an initial determination as to whether the case is administratively in order.

a. A case is administratively in order if the relevant provisions of BCO 41, 42, and 43 have been followed, including but not limited to:

(1) an Appeal must include specification(s) of error set forth concisely in numbered paragraphs for each error alleged to support the Appeal (BCO 42-3, -8; cf. BCO, Forms For Judicial Business Appendix G, V Appeal). If an Appeal fails this qualification, putting the case in order (OMSJC 9.2 a.) shall include only formatting, not substantive, changes.

(2) a Complaint must include a statement of the action(s) or delinquency(s) complained of and the reasons supporting said complaint set forth concisely in numbered paragraphs (BCO 43-2; BCO, Forms for Judicial Business Appendix G, VI Complaint). If a Complaint fails this qualification, putting the case in order (OMSJC 9.2 a.) shall include only formatting, not substantive, changes.

b. If a majority of the Officers cannot agree, then it shall be submitted to the full Commission at its next meeting.

9.2

a. If a case is preliminarily found not to be administratively in order or not to be judicially in order, the Officers or a Panel shall reduce to writing the ground for such preliminary finding, including any conclusion as to whether the case either can or cannot be put in order. The Stated Clerk shall notify the relevant parties or clerks of such preliminary conclusion and request that the case be put in order, if possible, and advise the parties that the party bringing the appeal or complaint may file a review brief within 15 days of such notification. The Respondent may file a responsive review brief within 15 days of the first review brief.

b. In cases where the Officers or a Panel have made such a preliminary finding that the case is out of order, the Officers or Panel, as the case may be, shall, after the 30- day period described above has expired, and after reviewing any review brief(s), make a secondary determination as to whether the case is in order. No party shall be entitled to an oral hearing on such a jurisdictional question without the consent of the Officers or Commission as the case may be. If the Officers’ or Panel’s secondary conclusion is that the case is not in order, no further action shall be taken in relation to the case other than to recommend to the next meeting of the Commission that the case be dismissed on the ground that the case is out of order. That recommendation shall include a statement setting forth the ground(s) for the conclusion that the case is not in order and either an explanation as to why it cannot be put in order or that the parties have failed to timely put the case in order despite an opportunity to do so. Alternatively, the Officers or Panel may, based on the review brief(s), find that the case is administratively in order and proceed with the case, subject to the review of any jurisdictional question by the Full Commission.

c. In cases where it is determined that the case should be heard by the Full Commission and the Commission makes a preliminary finding that the case is out of order, the Commission shall reduce to writing the ground for such preliminary finding, including any conclusion as to whether the case either can or cannot be put in order. The Stated Clerk shall notify the relevant parties or clerks of such preliminary conclusion and request that the case be put in order, if possible, and advise the parties that they may file a review brief within 30 days of such notification. After the 30-day period described above has expired, and after reviewing any review brief(s), the Commission shall make a final determination as to whether the case is in order. No party shall be entitled to an oral hearing on such a jurisdictional question without the consent of the Commission.

9.3 When the case is administratively in order, the Officers shall determine whether the case is of such significance that it should be heard by the full Commission or submitted to a Judicial Panel.  Ordinarily, it will be submitted to such a Judicial Panel.

9.4 If it is determined that the case should be heard by the Full Commission, the parties shall be notified and a full copy of the Record of the Case shall be sent to each member of the Commission.  When the Record of the Case has been perfected under OMSJC 7, and when the parties have had opportunity to file
briefs under OMSJC 8.1, the case shall be docketed for hearing by the Full Commission at its next stated meeting, or at a called meeting set to hear the case.

9.5 If it is determined that the case should be heard by a Judicial Panel, the Officers shall immediately appoint such a Judicial Panel in accordance with RAO 17.3.

CHAPTER TEN

JUDICIAL PANELS

10.1 Ordinarily, a Judicial Panel should consist of three qualified members of the Commission, which should include at least one teaching elder and one ruling elder. In more serious cases, larger panels may be appointed with an approximately equal balance between teaching and ruling elders.

10.2 At least one ruling elder and at least one teaching elder shall be named as alternates for each Judicial Panel. An alternate will not be expected to attend the meeting of the Judicial Panel unless he is needed to meet the quorum.

10.3 When a Judicial Panel is appointed, one member thereof shall be designated as “Convener.” The Convener may make initial contact with the parties:

a. to obtain information for the initial meetings of the Panel;

b. to answer initial questions by the parties;

c. to answer questions of the parties concerning the preparation and submission of written briefs.

d. to begin the process of considering corrections to the Record of the Case, if any (see OMSJC 7-4).

10.4 CONSTITUTING MEETING. Within 10 days of the date of the receipt of the Record of the Case from the Stated Clerk, the Convener shall call a meeting of the Judicial Panel members. This first meeting may be held by telephone conference call. At this first meeting, the Judicial Panel shall organize itself by:

a. the election of a Chairman;

b. the election of a Secretary;

c. the selection of a tentative time and place for hearing the case;

d. such other organizational matters as would speed the time of hearing without prejudicing the rights of any of the parties.

10.5 INITIAL MEETING. Not later than 30 days after the receipt of the Record of the Case under OMSJC 7.3, and subject to the requirements of OMSJC 7.4, the Chairman of the Panel may call a second meeting of the Judicial Panel members, which meeting may also be held by a telephone conference call. This second meeting may form part of the first organizational meeting of the Judicial Panel referred to under OMSJC 10.4 if the requirements of OMSJC 7.4 have been met. The purpose of this second meeting shall be to determine if the case is judicially in order and ready for hearing. This review shall include:

a. that the case was timely filed as provided in BCO 42-4 and 43-2;

b. in the case of a complaint, that the complaint was first filed with the Court whose act or decision is alleged to be in error (BCO 43-2);

c. that a ground or reason has been specified as required by BCO 42-3 and 43-2;

d. that the parties have complied with the Rules of Discipline of the BCO and this Manual;

e. that the Record of the Case appears to be complete and sufficiently documented.

10.6 If the Judicial Panel determines that a case is not judicially in order, the Panel through the Stated Clerk shall notify the parties and give them an opportunity to cure the defect, if it can be cured within the Rules of Discipline of the BCO and the requirements of this Manual. If the defect is cured within 30 days from receipt of such notice, the Panel shall proceed to hear and adjudicate the case. Except as noted below, if significant defects are not cured within 30 days from the receipt of notice then the Panel may make a determination that the case not be found in order and take no further action in relation to the case other than to recommend to the next meeting of the Commission that the case be dismissed on the ground that the case was not found in order. If, however, the defect is due to the neglect or failure of the lower court to provide a Record of the Case that is “complete and sufficiently documented” as defined in BCO 32-18, 42-5, and OMSJC 7, then the Panel shall apply BCO 42-7 or 43-6 as appropriate. If the decision of the Panel is not confirmed by the Commission, the Commission may return the case to the Panel, or may appoint a new Panel in accordance with RAO 17.3 to hear and adjudicate the case, or may decide to hear the case as the Full Commission.

10.7 When the Judicial Panel determines that the case is judicially in order, the Chairman of the Judicial Panel shall take the following actions:

a. Set a date and time and, if necessary, a place for a hearing of the case, making every reasonable effort to obtain such date and time and or place as may be agreeable to all parties. A panel hearing will normally be held by electronic conference unless a member of the panel determines that the nature of the case warrants a face-to-face hearing.

b. Notify all parties of such time and place of hearing by electronic means. Such notice shall be sent not less than 40 days prior to the date of hearing and there must be a receipt of acknowledgement in the file from each party. Such 40 day period may be shortened if the parties to the case agree in writing.

c. Notify all parties of their right to submit written briefs, in accordance with OMSJC 8. A written brief must comply with OMSJC 8.3 and following.

d. Notify all parties of their right to represent themselves or to be represented at the hearing in accordance with BCO 32-19, 42-10 or 43-5, as the case may be.

10.8 Initial Procedures for Hearings before a Judicial Panel or Full Commission

a. At the time and place set for a hearing of the case, the Chairman shall call the Judicial Panel or the Full Commission to order and proceed as follows:

(1) Prayer should be offered by a member of the Panel or Commission.

(2) All Panel or Commission members shall be polled to certify that they have read the Record of the Case and all briefs timely filed.

Any member who cannot so certify shall not participate in any aspect of the proceedings, including deliberations and voting on the case, unless such member can become qualified after a postponement of the hearing.

(3) The Chairman shall enjoin the Panel or Commission members to recollect and regard their high character as judges of a court of Jesus Christ and the solemn duty in which they are about to engage (BCO 32-12).

b. Furthermore, the Chairman shall:

(1) Remind the Panel or Commission Members that they should disregard all evidence not in the Record of the Case (BCO 32-18); even though such evidence may be found in the briefs of the parties or in oral argument (See OMSJC 8.3).

(2) Read to the Panel or Commission members the principles of Review set forth in BCO 39-3.

(3) Read to the Panel or Commission members the vows each affirmed when elected to the Standing Judicial Commission (RAO 17-1).

10.9 ORAL ARGUMENT. A Judicial Panel shall hear oral argument as follows: in an Appeal in accordance with OMSJC 13.3; in a Complaint in accordance with OMSJC 14.3; and in a Report Arising Out of General Review and Control in accordance with OMSJC 15.4.

10.10 AFTER THE ORAL ARGUMENTS. A Judicial Panel immediately after hearing the oral arguments of the parties, shall go into closed session and discuss the issues in the case. In that discussion, the Panel may (1) frame the issues, (2) vote on a judgment and (3) announce these to the parties. Or, the Panel may take all these matters under advisement and reconvene within the next 20 days, as often as necessary, to frame the issues and render a judgment. This “reconvening” may be held by telephone conference call. The Chairman of the Panel shall designate a Panel member voting with the majority to prepare a written decision. This decision shall be sent by electronic means to the Stated Clerk of the General Assembly within 40 days from the date the Panel heard the oral arguments. Any Panel member may file, within said 40 day period, a concurring or dissenting opinion which shall be appended to the decision.

10.11 

a. When a Judicial Panel has reached a decision in a case, the Chairman or Secretary of the Judicial Panel shall prepare a full report of the case and send by electronic means the same to the Stated Clerk, who shall forward, immediately, a copy of the full report to each member of the Commission. This report shall include the following: SJC MANUAL

(1) The Record of the Case.

(2) The proposed and recommended decision in the following format:

    I. A Summary of the Facts. (A presentation in chronological order of the relevant history and facts that bear on the case.) This Summary,            and the summaries of facts mentioned elsewhere in this Manual, may also include a separate “Case Summary” paragraph summarizing            the Case and Decision.)

    II. A Statement of the Issues. (A concise framing by the Court of the specific issues being judged in the case.)

    III. The Judgment. (A definite conclusion rendered on the specific issues being adjudged.)

    IV. The Reasoning and Opinion of the Court. (The explanation by the court of the resolution of disputed facts and reasons for the judgment      rendered.)

(3) Any timely filed written briefs of the parties meeting the requirements of OMSJC 8.

(4) A copy of the minutes of the meetings of the Judicial Panel.

(5) Any concurring or dissenting opinion of a Panel member.

(6) Any voting Panel member’s request for rehearing by the full Commission, appending reasons therefor which must be submitted to the Stated Clerk within 20 days after the Panel’s decision is transmitted to the parties.

(7) Any request for a rehearing by a party (OMSJC 17.5).

b. Any audio tape of the oral arguments of the parties is not a part of this report; but any Commission member may obtain a copy thereof from the Stated Clerk, if available. Any such tapes are for the sole use of SJC.11.

CHAPTER ELEVEN

HEARING BY THE FULL COMMISSION

11.1 Where it is determined under OMSJC 9.3 that a judicial case should be heard by the full Commission, the officers of the Commission shall first determine whether the case is judicially in order and ready for hearing. This review may be done by a telephone conference call and shall include:

a. that the case was timely filed as provided in BCO 42-3 and 43-2;

b. in the case of a complaint, that the complaint was first filed with the Court whose act or decision is alleged to be in error (BCO 43-2);

c. that a ground or reason has been specified as required by BCO 42-3 and 43-2;

d. that the parties have complied with the Rules of Discipline of the BCO and this Manual;

e. that the Record of the Case appears to be complete and sufficiently documented.

11.2

a. If the Officers of the Commission determine that a case is not judicially in order, they through the Stated Clerk shall notify the parties and give them an opportunity to cure the defect, if it can be cured within the Rules of Discipline of the BCO and the requirements of this Manual.

b. If the defect is cured within 30 days from the receipt of such notice the Commission shall proceed to adjudicate the case.

c. If significant defects cannot be cured within 30 days of receipt of such notice, then the Officers may make a determination that the case not be found in order and take no further action in relation to the case other than to recommend to the next meeting of the Commission that the case be dismissed on the ground that the case was not found in order.

d. If the decision of the Officers in finding the case not in order is not confirmed by the Commission, the Commission shall proceed to adjudicate the case.

11.3 If it is determined that the appeal or complaint is judicially in order, the Chairman of the Commission shall take the following actions:

a. Set a time and place for a hearing of the appeal or complaint, making every reasonable effort to obtain such time and place as may be agreeable to both the parties.

b. Notify the parties of such time and place of hearing by electronic means. Such notice shall be sent not less than 30 days prior to the date of hearing and there must be a receipt of acknowledgement in the file from each party.

c. Notify the parties of their right to submit written briefs, in accordance with OMSJC 8. A written brief must comply with OMSJC 8.3 and following.

d. Notify all parties of their right to represent themselves or to be represented at the  hearing in accordance with BCO 32-19 or 42-10, as the case may be.

11.4 For initial procedures for hearings before the Full Commission see OMSJC 10.8.

11.5 After the initial procedures have been followed, the Commission shall proceed with an appeal in accordance with OMSJC 13.3 and following, or if it is a complaint, it shall proceed in accordance with OMSJC 14.3 and following.

CHAPTER TWELVE

PROCEDURE FOR HEARING A JUDICIAL REFERENCE CASE (BCO 41)

12.1 The only reference which the Commission may entertain is the reference of an appeal or a complaint received by the lower court and referred by that lower court to the Commission for final disposition, or of a reference of “a judicial case with request for its trial and decision by the higher court” (BCO 41-3).

a. Where such a reference is received by the Stated Clerk, a determination shall be made under OMSJC 10.1 as to whether or not the case is administratively in order.

b. If the case is found to be administratively in order, the Officers of the Commission shall determine whether or not the Commission should accede to the request of the lower court (BCO 41-5), remembering the admonition of BCO 41-5 that “in general it is better that every court should discharge the duty assigned to it under the law of the church.”

c. Where the Officers decide that the Commission should not accede to the request of the lower court to hear the case, the question shall be placed on the docket of the next stated or called meeting of the Commission for final determination.

12.2 Where a judicial case referred to and accepted by the Commission under Section 12.1 above is an appeal under BCO 42, that appeal shall be heard by a Panel or the Full Commission in accordance with the provisions of Section 14, and where such a case is a complaint under BCO 43, that complaint shall be heard by a Panel or by the Full Commission in accordance with the provisions of OMSJC 14, and where it is an initial trial of an issue or charges, such a case shall be heard de novo by a Panel or the Full Commission in accordance with the provisions of OMSJC 13.2 or 14.2 and following as the case may be.

12.3 The Clerk of the lower court making the reference shall submit to this Commission all documents through the Stated Clerk which should become a part of the Record of the Case.

12.4 The lower court making the reference shall assist this Commission as provided in BCO 41-6.

12.5 The Commission shall be organized as in any other case, except the trial of such a case shall be conducted under the “General Provisions Applicable To All Cases Of Process” as set out in BCO 32, and in accordance with rules of evidence as set out in BCO 35.

12.6 The testimony of the witnesses in any case so referred and accepted shall be taken and transcribed as part of the Record of the Case. (Note the provisions of BCO 41-6)

12.7 The parties shall be responsible for the notification and expenses of their own witnesses.  When a party requests that a witness be cited to testify, the Chairman of the Commission shall promptly cite, by personal service or by certified mail, the witness to appear and testify as provided in BCO 32-4.

12.8 When the trial hearing is convened the following procedures will apply:

a. The initial proceedings set out in OMSJC 10.8, as applicable, shall be followed, and at the close of the proceedings prayer shall be offered in accordance with OMSJC 18.1.

b. The requirements of BCO 32 shall apply.

c. The procedures of BCO 32-15 shall be followed, namely:

(1) The Chairman shall charge the court.

(2) The indictment shall be read, and the answer of the accused shall be heard.

(3) The witnesses for the prosecutor and then those for the accused shall be examined.

(4) The arguments of the parties shall be heard:

(a) the Prosecutor; then

(b) the Accused; and

(c) the Prosecutor shall close.

(5) The Commission shall go into closed session and the roll shall be called and the members of the Commission may express their opinion in the case.  After discussion:

(a) the vote shall be taken; and

(b) the preliminary verdict shall be determined.

(6) The Commission shall rise from closed session and announce the preliminary verdict.  Since there is no higher court of appeal to which written briefs may be submitted, each party (or the minister in a trial arising from BCO 34-1) may submit a written supplemental brief in accordance with OMSJC 8.2.  If the parties state to the court that they all waive their right to submit written briefs, the judgment shall be entered on the record.

d. The Record of the Case and the report of the Commission shall be prepared in accordance with the relevant provisions of this Manual.

12.9 Unless the parties waive their rights to submit a written brief, no decision shall be made until the time periods specified in OMSJC 8.1 have expired.  If briefs are filed, copies shall be sent to all members of the Panel or Commission as the case requires.  Then the Chairman shall convene the Panel or Commission where further discussion of the case may take place.  This may be done by telephone conference call.  After discussion, the vote shall be taken on each issue.

After a decision has been reached, the decision shall be processed in accordance with OMSJC 17.

12.10 After a decision has been reached by the full Commission, any member may file by electronic means, within 14 days after the date the text of the decision is sent by the Secretary to the members of the Commission, a concurring or dissenting opinion, which, if it conforms with the requirements of OMSJC 18.12, shall be promptly sent to the parties as an appendix to the decision.

CHAPTER THIRTEEN

PROCEDURE FOR HEARING AN APPEAL (BCO 42)

13.1 At the hearing of an appeal the procedures outlined in BCO 42-8 will apply whether heard by a Judicial Panel or by the full Commission.

13.2 At the time and place set for a hearing of the case, the Chairman shall call the Judicial Panel to order and proceed in accordance with the initial procedures set forth in OMSJC 10.8, as applicable.

13.3 DURING THE HEARING

a. The arguments of the parties shall be heard in the following order:

(1) the Appellant makes the opening argument;

(2) the Appellee then replies;

(3) the Appellant makes the closing argument.

b. After the hearing shall have been opened and the initial requirements of BCO 42-8 met, but before any arguments of the parties have been presented the members of the Panel or Commission shall have the opportunity to question the parties on any matter before the court.

c. A party shall have a maximum of 30 minutes to argue his case before the Panel or Commission (and in the case of the Appellant, this 30 minutes is inclusive of both his opening and closing arguments).

d. At any time during which a party is presenting an argument to a Panel or the Commission, a member of the Panel or Commission may ask questions of that party; the time taken for such questions shall not form a part of the argument time of the party questioned.

13.4 AFTER THE ORAL ARGUMENTS

a. After the oral arguments have been completed and if the appeal is being heard by a Judicial Panel, the Panel shall proceed under OMSJC 10.10.

b. After the oral arguments have been completed and if the appeal is being heard by the full Commission rather than by a Judicial Panel, the Commission shall go into closed session to discuss the case and consider its merits.

c. When the Judicial Panel acting under OMSJC 10.10 is ready to vote or when the full Commission has completed its discussion under Section 13.4.b above, and is ready to vote, the vote shall then be taken without further debate, on each specification, in this form:

“Shall this specification of error be sustained?”

The decision may be to affirm the lower court’s decision, in whole or in part. If the lower court’s decision is not sustained, the decision will be to:

(1) reverse the lower court’s decision, in whole or in part; or,

(2) render the decision that should have been rendered; or,

(3) remand the case to the lower court for a new trial.

13.5 As soon as the judgment is thus rendered, when the appeal is heard by a Judicial Panel, the Judicial Panel shall proceed under OMSJC 10.11.

13.6 As soon as the judgment is thus rendered, when the appeal is heard by the full Commission rather than by a Judicial Panel, the Chairman shall designate a member or committee of members voting with the majority to prepare a proposed written decision.

13.7 After a decision has been reached by the full Commission, any member may file by electronic means, within 14 days after the date the text of the decision is sent by the Secretary to the members of the Commission, a concurring or dissenting opinion, which, if it conforms with the requirements of OMSJC 18.12, shall be promptly sent to the parties as an appendix to the decision.

CHAPTER FOURTEEN

PROCEDURE FOR HEARING A COMPLAINT (BCO 43)

14.1 At the hearing of a Complaint the following procedures will apply whether the Complaint be heard by a Judicial Panel or by the full Commission.

14.2 At the time and place set for a hearing of the case, the Chairman shall call the Judicial Panel to order and proceed in accordance with the initial procedures set forth in OMSJC 10.8, as applicable.

14.3 DURING THE HEARING

a. The arguments of the parties shall be heard in the following order:

(1) the Complainant makes the opening argument;

(2) the Respondent then replies;

(3) the Complainant makes the closing argument.

b. After the hearing shall have been opened and the initial requirements of BCO 43-9 met, but before any arguments of the parties have been presented, the members of the Panel or Commission shall have the opportunity to question the parties on any matter before the court.

c. A party shall have a maximum of 30 minutes to argue his case before the Panel or Commission (and in the case of the Complainant, this 30 minutes is inclusive of both his opening and closing arguments).

d. At any time during which a party is presenting an argument to a Panel or the Commission, a member of the Panel or Commission may ask questions of that party; the time taken for such questions shall not form a part of the argument time of the party questioned.

14.4 AFTER THE ORAL ARGUMENTS

a. After the oral arguments have been completed and if the complaint is being heard by a Judicial Panel, the Panel shall proceed under OMSJC 10.10.

b. After the oral arguments have been heard and if the complaint is being heard by the full Commission rather than by a Judicial Panel the Commission shall go into closed session to discuss the complaint and consider its merits.

c. When the Judicial Panel acting under OMSJC 10.10 is ready to vote or when the full Commission has completed its discussion under Section 14.4.b, above, the vote shall be taken, without further debate, as to what disposition should be made of the complaint. The decision may be to affirm the lower court’s decision, in whole or in part.  If the lower court’s decision is not sustained the decision will be to:

(1) annul the whole or any part of the action of the lower court against which the complaint has been made; or,

(2) send the matter back to the lower court with instructions for a new hearing.

14.5 As soon as the judgment has been rendered when the complaint is heard by a Judicial Panel, the Judicial Panel shall proceed under OMSJC 10.10.

14.6 As soon as the judgment is rendered, when the complaint is heard by the full Commission rather than by a Judicial Panel, the Chairman shall designate a member or committee of members voting with the majority to prepare a proposed written decision.

14.7 After a decision has been reached by the full Commission, any member may file by electronic means, within 14 days after the date the text of the decision is sent by the Secretary to the members of the Commission, a concurring or dissenting opinion, which, if it conforms with the requirements of OMSJC 18.12, shall be promptly sent to the parties as an appendix to the decision.

CHAPTER FIFTEEN

PROCEDURE FOR HEARING A REPORT ARISING OUT OF GENERAL REVIEW AND CONTROL (BCO 40; RAO 16-10.c)

15.1 A Report arising out of General Review and Control is one which purports to demonstrate an important delinquency or grossly unconstitutional proceeding of a lower court (BCO 40-5).  When such a Report is submitted to the Commission, it shall be first handled according to OMSJC 9, as applicable.

15.2 If the Report is found administratively in order, any  representative of the Report (cf. RAO 16-10.c) and court alleged to have offended shall be cited to appear, the latter by representative or in writing, providing such documents as bear on the alleged important delinquency or grossly unconstitutional proceedings (BCO 40-5).  The Stated Clerk shall collate these documents which shall be deemed equivalent to a Record of the Case and dealt with according to Section 8 of this Manual as applicable.

15.3 At the time and place set for a hearing of the Report, the Chairman shall call the Judicial Panel or Commission to order and proceed in accordance with the initial procedures set forth in OMSJC 10.8 as applicable.

15.4 The hearing shall be conducted as follows:

a. The members of the Panel or Commission shall have the opportunity to question the representatives present on any matter before the court.

b. The Panel or Commission shall then proceed to hear oral arguments, if there be any, in the following order:

(1) the representative of the Report shall make the opening argument;

(2) the representative of the court alleged to have offended shall reply;

(3) the representative of the Report shall make the closing argument.

c. A representative shall have a maximum of 30 minutes to argue his case before the Panel or Commission.  With respect to the representative of the Report, this 30 minutes is inclusive of both the opening and closing arguments.

d. At any time during which a representative is presenting an argument to a Panel or the Commission, a member of the Panel or Commission may ask questions of that representative; the time taken for such questions shall not form a part of the argument time of the representative questioned.

15.5 After arguments have been heard, the Panel or Commission shall go into closed session to discuss the Report and consider its merits.

15.6 If heard by a Panel, the Panel shall then make a full report to the Commission including such recommendations as

a. to reverse or redress the proceedings of the court below in other than judicial cases; or

b. to censure the delinquent court; or

c. to remit the whole matter to the delinquent court with an injunction to take it up and dispose of it in a constitutional manner; or

d. to stay all further proceedings and declare that all matters relating to the Report, presently or previously pending before the General Assembly, are ended, concluded and terminated.

15.7 When the full Commission has completed its discussion and is ready to vote, the vote shall be taken on each recommendation.  The report as a whole shall then be voted on by roll call without change or amendment.  All qualified members present shall participate in the vote.

15.8 If heard by the full Commission, the Commission shall proceed to deliberate the merits of the matter and make a determination as provided in Sections 15.6.a, b, c, and d. A vote shall be taken on the decision(s).  The report as a whole shall then be voted on by roll call.  All qualified members present shall participate in the vote.

15.9 After a decision has been reached by the Full Commission, any member may file, within 20 days after the day the decision is reached, a concurring or dissenting opinion, which, if it conforms with the requirements of OMSJC 18.12, shall be promptly sent to the parties as an appendix to the decision.

15.10 When a report with its recommendations on the Report has been adopted, a copy thereof shall immediately be sent by mail or electronic means to the Representatives and shall be included in the final report of the SJC to the General Assembly.

CHAPTER SIXTEEN

PROCEDURES FOR ASSUMING ORIGINAL JURISDICTION OVER A MINISTER (BCO 34-1)

16.1 Upon proper receipt of a case filed against a minister under BCO 34-1, the SJC shall in accordance with the provisions set out below:

a. Appoint a panel in accordance with RAO 17.3 to investigate the matter and determine whether or not that the case is in order, i.e., that the provisions of BCO 34-1 have been followed.

b. If the case is determined to be in order, the panel shall conduct an investigation of allegations against the minister under the provisions of BCO 31-2.

c. The panel’s findings and recommendation shall be mailed to the full SJC, said minister and the stated clerks of the involved presbyteries that instituted this action under BCO 34-1.  The matter shall be scheduled for review at the SJC’s next stated meeting or a meeting called under the provisions of OMSJC 4.2.

d. Within 14 days of receipt of the panel’s findings and recommendation said minister and the stated clerks of the involved presbyteries may submit a brief citing reasons as to whether the panel’s recommendations should be approved or rejected.  Such brief must comply with the requirement of OMSJC 8.

e. Briefs under these paragraphs shall comply with the requirements for briefs in OMSJC 8.4 but shall not exceed 5 pages.

16.2 At its next stated meeting or meeting called to hear the matter under the provision of OMSJC 4.2, the SJC in closed session shall discuss the panel’s findings and recommendation.  The SJC shall vote to accept or reject the panel’s findings and recommendation.

16.3 The SJC decision shall be mailed to said minister and stated clerks of the involved presbyteries.  Within 14 days of receipt of the decision a party may request a reconsideration of the decision by filing a supplemental brief as set forth in OMSJC 8.2.  This supplemental brief shall state the reasons for requesting reconsideration of the decision.  Copies of the supplemental brief and the SJC decision shall be mailed to members of the SJC.  Reconsideration of the judgment shall be granted only by majority vote of the full Commission either by mail or by conference call, as determined by the officers

If reconsideration is granted, the Officers shall call a special meeting, under OMSJC 4.2.a and b, to discuss the case, consider its merits, and render a final judgment.  If reconsideration is not granted, the previous judgment shall become final in accordance with BCO 15.5 (a).

16.4 If the SJC’s final judgment is that the above investigation does not raise “a strong presumption of the guilt of the party involved,” (BCO 31-2) the SJC shall dismiss the case and advise the parties to the case.

16.5 If, however, the SJC’s final judgment is that the above investigation raises “a strong presumption of the guilt of the party involved,” (BCO 31-2) it shall institute process under BCO 31.  In such event, the SJC shall conduct a trial in accordance with the provisions of BCO 32, BCO 35 and OMSJC 12.5 through 12.10.

CHAPTER SEVENTEEN

DECISIONS, REVIEW AND REHEARING THEREOF

17.1 Each decision shall be in the following format:

a. A summary of the facts. (A presentation in chronological order of the relevant history and facts that bear on the case.)

b. A statement of the issues. (A concise framing by the Court of the specific issues being judged in the case.)

c. The judgment. (A definite conclusion rendered on the specific issues being adjudged.)

d. The reasoning and opinion of the court. (The explanation by the court of the resolution of disputed facts and reasons for the judgment rendered.)

e. Any Amends. (Directions as to what the lower court must do, or undo, in light of the Judgment. Cf. BCO 42-9; 43-10; 40-5).

f. A direction that the full decision (OMSJC 17.1(a-f)) shall be recorded in the minutes of the lower court(s), as well as a statement of how an affected lower court has complied with any amends therein.

17.2 A judgment of the Standing Judicial Commission shall be effective from the time of its announcement to the parties in accordance with BCO 15-5(b). except in the case of a minority report in accordance with BCO 15-5(c). Any SJC decision can be announced immediately to the parties if approved by 2/3 of voting members in such case. Otherwise, the Decision will not be announced until after the procedures of OMSJC 18.12 have been completed.

17.3 Judicial decisions shall be binding and conclusive on the parties. Judicial decisions are to be given due and serious consideration by the Church and its lower courts when deliberating matters related to such action, and may be appealed to in subsequent, similar cases as to any principle which may have been decided (BCO 14-7).

17.4 Each decision of the Commission and a Judicial Panel shall show the name of the member(s) who wrote the opinion, together with the names of all members as to their concurrence, dissent, abstention or disqualification.

17.5 Proposed judgments of a Judicial Panel are not binding on the parties, but the Stated Clerk shall transmit to the parties a copy of the panel’s proposed decision and inform the parties of their right to request a rehearing before the full Standing Judicial Commission. If any party desires a rehearing by the full Commission, such request must be filed with the Stated Clerk within 14 days after receipt of said Panel’s proposed and recommended decision. Said party filing such a request for rehearing may attach a brief giving such party’s reasons and arguments for this request. Such brief must comply with the requirement of OMSJC 8.3-8.4 of this Manual as it relates to supplemental briefs.

17.6 If no member of the Judicial Panel shall request a rehearing but a party shall have timely requested under Section 17.5 a rehearing by the full Commission, the Stated Clerk shall send by electronic means a ballot to each Commission member which shall have a place for each member to indicate his vote in favor of or against such party’s request. Each member shall complete and file such ballot with the Stated Clerk within 15 days of the receipt of the electronic notice. If any member fails to file such ballot by electronic means within said 15 days, or shall file the ballot without completing it, that member’s vote shall be recorded as a vote against the request for such a rehearing.

17.7 A rehearing of the case by the full Standing Judicial Commission shall be had only in the following circumstances:

a. Where, within 15 days of the receipt of the ballot from the Stated Clerk under Section 17.6 at least seven qualified members of the full Commission shall request by mail or electronic means (including any requests made under OMSJC 17.7.d), by ballot or by separate written notice to the Stated Clerk or the Secretary of the Commission, that the case be reheard by the full Commission; or

b. In the case of a Panel of three voting members or less, where one voting member of the Judicial Panel hearing the case shall so request under OMSJC 10.11.a; or

c. In the case of a Panel of four voting members or more, where two voting members of the Judicial Panel hearing the case shall so request under OMSJC 10.11.a; or

d. Where seven members of the Standing Judicial Commission shall file by electronic means written request for such rehearing within 15 days of the receipt of the proposed decision under Section 17.5.

17.8

a. Every Judicial Panel’s proposed and recommended decision shall be reviewed by the full Commission. In addition, those cases approved under Section 17.7 shall be reheard. A “review” means that the full Commission shall consider, discuss and debate each decision. A “rehearing” means that in addition to a “review”, the full Commission shall hear the oral arguments of the parties.

b. After hearing the oral arguments in a case where a rehearing is granted under Section 17.7, or immediately when a case is called for review if there is no rehearing, the presiding officer of the full Commission shall poll each member present as to whether or not they have read the following:

(1) the Judicial Panel’s proposed and recommended decision;

(2) all briefs timely filed by the parties;

(3) those portions of the Record of the Case such member feels is necessary to understand the issues of the case.

Any member who is not able to certify affirmatively to these inquiries shall not be eligible to participate in discussion or vote on this case.

c. After the completion of (b) above, the Court shall go into closed session but may permit the Stated Clerk and his assistant(s) to remain to assist with the taking of the minutes.

d. Then the consideration and discussion of the proposed and recommended decision of the Panel shall begin with members of the Panel briefing the full Commission on the facts of the case, the Panel’s statement of the issues, the Panel’s proposed judgment and the Panel’s Reasoning and Opinion. Any dissenting member of the Panel may then present his reasons for dissent. The full Commission will then enter upon a regular parliamentary procedure to perfect, revise, change or approve any part of the Panel’s proposed and recommended decision.

e. In this procedure, each of the 4 parts of the proposed and recommended decision shall be perfected.

(1) The Summary of the Facts

(2) The Statement of the Issues

(3) The Judgment

(4) The Reasoning and Opinion of the Court.

f. After all 4 parts have been approved individually then the decision as a whole shall be voted on by roll call without change or amendment.

g. All qualified members present should participate in the vote and the vote of each member shall be included in the written decision.

h. Upon such review, if parts 1, 2 and 3 of the decision have been perfected but part 4 – the Reasoning and Opinion of the Court  needs to be rewritten and cannot be done at that meeting of the Commission, the Chairman of the Commission shall designate a member or a committee of members voting with the majority on the other 3 parts to write the proposed reasoning and opinion based on the decisions on the other 3 parts. The Chairman, upon consulting with the members of the Commission present, shall:

(1) set a date and time for a telephone conference call for the perfecting and voting on the “Reasoning and Opinion” part of the decision;

(2) this date shall be at least 30 days in advance and not more than 45 days in advance;

(3) the members or committee of members appointed to write “The Reasoning and Opinion” shall agree to have a proposal in the hands of the Stated Clerk of the General Assembly within 15 days;

(4) the Stated Clerk shall send the proposal by electronic means to each member of the Commission at least 10 days before the date set for such telephone conference call;

(5) the Stated Clerk shall in the same communication send to each Commission member a written ballot;

(6) if any Commissioner cannot participate in the telephone conference call, his vote on the decision as a whole will be counted so as to be consistent with his vote on the other parts. If he wishes to change his vote, he may fax a copy of his signed written ballot to the Stated Clerk at or before the time of the telephone conference call;

(7) when “The Reasoning and Opinion” part of the decision has been perfected, then the Chairman shall call for a roll call vote on the decision as a whole and announce the decision;

(8) the other 3 portions of the decision previously approved may not be altered or revised on this telephone conference call.

(9) After all 4 parts have been approved individually, then the decision as a whole shall be voted on by roll call without change or amendment.

i. After a decision has been reached by the Full Commission, any member may file, within 14 days after the date the text of the decision is sent by the Secretary to the members of the Commission, a concurring or dissenting opinion, which, if it conforms with the requirements of OMSJC 18.12, shall be included as an appendix to the decision when it is sent to the parties. The decision and any concurring or dissenting opinions shall be sent to the parties and released to the public at the same time and only after the procedures of OMSJC 18.12 have been completed. (See also 17.2)

17.9

a. In the event of a hearing by the Full Commission where the case was not heard by a judicial panel, the Commission shall issue to the parties a preliminary judgment. Within 14 days after receiving the preliminary judgment, a party may request reconsideration of the judgment by filing a supplemental brief as set forth in OMSJC 8.2. This supplemental brief shall state the reasons for requesting reconsideration of the preliminary judgment. The commission at its next meeting shall consider the request for reconsideration.  Reconsideration of the preliminary judgment shall be granted only by majority vote of the Full Commission.

b. If reconsideration is granted, the Commission shall immediately go into closed session to discuss the case, consider its merits, and render a final judgment. If reconsideration is not granted, the preliminary judgment shall become final in accordance with BCO 15-5(a).

CHAPTER EIGHTEEN

MISCELLANEOUS

18.1 Any meeting of the Commission or a Judicial Panel shall be opened and closed with prayer.

18.2 All oral arguments by the parties before the Commission or a Judicial Panel thereof shall be electronically recorded. No other recordings are authorized without the consent of all of the parties and the approval of the Panel/Commission. SJC recordings shall be kept by the Stated Clerk for the use of the SJC until the case has been finally determined, and then such recordings may be destroyed. Upon request, the Officers may authorize the use of SJC recordings.

18.3

a. Multiple complaints against the same act or decision of a lower court may be combined into one case but each complainant shall receive individual notices issued under this Manual. However, such multiple complainants may designate one of their number to be representative of the multiple complainants, and in such a case notices issued under this Manual shall be sent to that complainant.

b. A single complaint signed by more than one person against the same act or decision of a lower court shall be treated as a single complaint and all notices issued under this Manual shall be sent to the first named complainant.

c. In either of the cases under OMSJC 12.8.a or b where a hearing is held under this Manual the multiple complainants shall be treated as one complainant and:

(1) be granted the same total amount of time to present oral arguments as would have been given to a single complainant to present oral arguments; and

(2) be permitted to present one combined brief and supplemental brief (if the circumstances permit a supplemental brief) and such brief or supplemental brief shall meet the same requirements as would be imposed upon a single complainant presenting a brief or supplemental brief.

18.4

a. If at any time up to 15 days prior to the date set for a Judicial Panel or the Commission to hear a judicial reference, appeal or complaint, a party asserts that new evidence has been obtained, which was not available or was not made available because of justifiable circumstances at the time the Record of the Case was put together, said new evidence shall be put in writing and sent within 5 days to the Stated Clerk and shall be received as part of the Record of the Case only when all the parties stipulate in writing agreeing to the new evidence. If the parties do not agree to this stipulation, and the party presenting the new evidence insists that it is material to the case, the proceedings shall be suspended and the matter docketed at the next meeting of the Panel or the Commission to make a determination as to whether the new evidence to be offered has an important bearing on the case. At that next meeting, the Panel or Commission may decide:

(1) that the new evidence does not have an important bearing on the case and proceed with the case; or

(2) that the new evidence does have an important bearing on the case and refer the case to the lower court for a new trial (BCO 35-16).

b. If at any time during the 15 days immediately prior to the date set for a Judicial Panel or the Commission to hear the case, a party asserts that new evidence has been obtained, which was not available or was not made available because of justifiable circumstances, at the time the Record of the Case was put together, said new evidence shall be put in writing and be presented to the Panel or Commission before any oral arguments are presented on the substance of the case. Under these circumstances, the Panel or Commission before proceeding to hear oral arguments, shall receive the new evidence into the Record of the Case only if all parties stipulate in writing agreeing to such new evidence. If the parties cannot agree to this stipulation, and the party presenting the new evidence insists that it is material to the case, the Panel or Commission shall make a determination as to whether the new evidence to be offered has an important bearing on the case. The Panel or Commission may then decide:

(1) that the new evidence does not have an important bearing on the case and proceed with the case; or

(2) that the new evidence does have an important bearing on the case and refer the case to the lower court for a new trial (BCO 35-16).

18.5 All issues before the Standing Judicial Commission, or a Judicial Panel thereof, shall be decided by a majority vote of those qualified members voting. There shall be no proxy voting.

18.6 The minutes of the meetings of the SJC must be approved by electronic ballot within 20 days after receipt of such minutes. If any member fails to file with the Stated Clerk the ballot within 20 days, that member’s vote shall be recorded as approval of the minutes.

18.7 ABANDONMENT

If an appellant, complainant or party initiating a case referred to the Commission fails to appear, in person or by a qualified representative, after receiving proper notice, at any meeting of the Standing Judicial Commission, or a Judicial Panel thereof, such party shall be deemed to have abandoned the case. The Stated Clerk shall immediately notify the party that the case has been dismissed because of the failure to appear, and the party shall have 10 days from the receipt of such notice to present, in writing, a satisfactory explanation of the failure to appear and prosecute the case. If the explanation is deemed sufficient by the Officers of the Commission, or members of the Judicial Panel, the case shall be reinstated and reset for another hearing; otherwise, it shall stand abandoned and dismissed.

18.8 WAIVER OF RIGHTS TO APPEAR

a. Any party may upon a showing of good cause waive his right to appear before the higher court and present oral argument. This waiver shall be accomplished by a written notice to the higher court, sent by electronic means not less than 14 days prior to the scheduled hearing, stating the reasons for the waiver. A party’s waiver has no effect upon the other party’s right of appearance.

b. The higher court, if it fails to find good cause for the waiver, may refuse to accept a waiver of appearance. If the requested waiver is rejected by the higher court, it shall promptly notify the party who requested the waiver. The party shall then be required to appear before the higher court at the scheduled time and place.

c. Failure to so appear shall constitute an abandonment of the case by that party, unless within 10 days after the date of the scheduled hearing that party provides satisfactory explanation of the failure to appear. If this explanation is deemed sufficient by the higher court and if the higher court believes the interests of justice will be served thereby, the case shall be reset for another hearing. If no further hearing is required, the case may be decided forthwith. If the party’s explanation for not appearing is not deemed sufficient by the higher court, the case shall stand abandoned and dismissed.

18.9 In computing any period of time prescribed by this Manual, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday or postal holiday, in which event the period extends until the end of the next day which is not a Saturday, Sunday or postal holiday.

18.10 When a provision of the Manual requires a computation of time under Section 18.9, above, such period of time shall be computed with the following construction of certain terms used herein, towit:

a. A communication from the Commission or Panel shall be computed from the day after the document is sent electronically.

b. Documents required or permitted to be filed by a party shall be filed with the Stated Clerk. Such filing shall be sent via electronic means and shall not be timely unless the documents are received by electronic means in the office of the Stated Clerk by 11:59 PM (Eastern Time) on the deadline date. Interested parties should be aware that responsibility for such filings rests with them and that problems in delivery or non-delivery are the sole responsibility of the filing party. An electronic confirmation of receipt shall be conclusive evidence of delivery.

c. “Notice,” “notification,” “from receipt,” “after the receipt” shall be the local date on which the party received the electronic delivery, as ordinarily confirmed by a return email. For all papers requiring such, the Commission shall be responsible for obtaining verification of date of delivery. However, compliance with such requirements shall be deemed to have been fulfilled in any of the following instances, to wit:

(1) If a party changes his/her contact or email address without notifying the Office of the Stated Clerk. (2) If a party cannot be located after diligent inquiry.

(2) If a party cannot be located after diligent inquiry.

(3) If a party refuses to accept delivery of materials or notice, or refuses to confirm receipt of an electronic communication.

(4) If materials or notice are returned to the sender with an electronic notice of being undeliverable or by the carrier with a notation that delivery could not be accomplished. d. The Judicial Panel, or the Commission if the case is to be heard by the Commission, may extend any of the deadline dates if it determines that so doing is in the interest of justice.

18.11 The Record of the Case, Briefs, Arguments, and all proceedings before a Panel or the Commission shall be presented in the English language.

18.12. CONCURRING AND DISSENTING OPINIONS

a. The right of a Commission member to file a Concurring or Dissenting Opinion (see 17.8.k) is an essential element of the work of the Commission, in that it preserves the unity of the Commission by allowing a member in the minority to submit to the Commission’s judgment, while declaring, and thus clearing, his conscience in a particular decision. An Objection (BCO 45-1, 4) is only permissible in the case of an otherwise qualified member of the Commission (cf. OMSJC 2.2-.3) who could not vote due to being a member of the presbytery or a member of a congregation in the bounds of the presbytery from which the case arose (cf. BCO 39-2).

b. That right notwithstanding, in order to preserve the primacy of, the authority of, and respect for Commission decisions, any Concurring or Dissenting opinion, which does not qualify as a minority decision under the terms of BCO 15-5, shall meet the following standards:

(1) Concurring or Dissenting opinions shall set forth concisely, as the case may be, the alternate grounds upon which the Commission’s decision ought to have been rendered; or, the alleged error of the Commission’s decision, a statement of the decision that should have been rendered, and the grounds sustaining.

(2) Ordinarily Concurring or Dissenting opinions should set forth positions or employ arguments that were offered in the course of the Commission’s proceedings on a case.

(3) Concurring or Dissenting opinions shall be couched in temperate language conducive to maintaining respect for the Commission, vigorous expression of disagreement with the decision notwithstanding.

(4) Concurring or Dissenting opinions shall conform to the specifications for a preliminary brief (OMSJC 8.4.a-b.).

c. At the request of four SJC members within 14 days after the date the text of the Concurring or Dissenting Opinion is sent by the Secretary to the members of the SJC, the Chairman shall call a special meeting of the Commission, upon at least fourteen (14) days’ notice, by telephone or video conference to consider either (1) a motion to adopt an Answer to any Concurring or Dissenting Opinion or (2) a motion to strike the Opinion for failing to meet the standards in 18.12.b. With respect to (1) above, although all members may participate in discussion, only those members voting with the prevailing side may vote on the adoption of an Answer. Upon the adoption of an Answer to a Concurring or Dissenting Opinion by the Commission, no further Concurring or Dissenting Opinion shall be permitted; neither shall any amendment to the Concurring or Dissenting Opinion in question be permitted. A Concurring or Dissenting Opinion may be withdrawn.

d. Members may join in pending concurring or dissenting opinions at any time until the 14-day deadline to request the meeting described in OMSJC 18.12.c.

e. No concurring or dissenting opinion shall be circulated to anyone outside the SJC or the PCA Clerk’s office, until the completion of the procedure described in Section 18.12.c or the passage of the deadline established in 18.12.c in the event no such meeting is requested.

18.13 An Executive Session shall be understood to be a meeting or a portion of a meeting wherein only Commissioners, and others specifically invited by the Commission, are present. On the cessation of the Session, only the conclusion, judgment, or decision shall be made public. The proceeding shall be secret unless the Commission shall vote to remove the injunction of secrecy. (Robert’s Rules of Order, Newly Revised § 9, page 92.)

A Closed Session shall be understood as a meeting or portion of a meeting wherein only Commissioners, and others specifically invited by the Commission, are present.. Unlike an Executive Session, however, the proceedings shall not be secret, but rather discussion of such matters outside of the meeting shall be at the discretion of each commissioner, and the minutes of such a closed session may be read and approved in open session. However, no person present at a closed session shall later identify in any manner the views, speeches or votes of a member of the commission during the closed session, apart from that member’s written permission.

CHAPTER NINETEEN

REPORTS

19.1 The Standing Judicial Commission shall prepare a report to the General Assembly each year.

19.2 The Standing Judicial Commission shall make a full report of each case directed to the General Assembly, which report shall consist of the following:

a. A summary of the facts.

b. A statement of the issues.

c. The judgment of the Standing Judicial Commission

d. The reasoning and opinion of the Standing Judicial Commission.

e. The vote of the Standing Judicial Commission.

f. Any concurring and/or dissenting opinions of any members of the Standing Judicial Commission, and any SJC answer to them, which have been received under OMSJC 18.12.

19.3

a. A copy of the report (see Section 19.2, above) of each case decided subsequent to the previous annual General Assembly shall be included in the Commissioner Handbook for the next following General Assembly.

b. The briefs (see OMSJC 8.1, 8.2, 8.3, 8.4) shall be made available by electronic means or by inclusion in the Commissioner Handbook for the next following General Assembly.

19.4 A minority decision may be filed in accordance with BCO 15-5(c) within 20 days of the adjournment of the Standing Judicial Commission making a decision, provided also that written notice by 1/3 of the voting members of the Commission file such notice within 24 hours of the adjournment.

19.5 The minutes, but not the judicial cases, decisions, or reports, of the Standing Judicial Commission shall be reviewed annually by the Committee on Constitutional Business.  The minutes shall be examined for conformity to this Manual of the Standing Judicial Commission and RAO 17, violations of which shall be reported as “exceptions” as defined in RAO 14-11.d.(2).  With respect to this examination, the Committee on Constitutional Business shall report directly to the General Assembly.

CHAPTER TWENTY

AMENDMENTS, USE, AND DISTRIBUTION OF OPERATING MANUAL

20.1 This Manual may be amended as provided in RAO 17-5.

20.2 If any member asserts that this Manual has been violated in any case, such member may file a written objection citing the alleged violation.  This written objection shall be included by the Secretary in the report of the case to the General Assembly filed under OMSJC 19.2.

STANDING Judicial Commission

MEMBER VOWS

RAO 17-1.  There shall be a Standing Judicial Commission composed of twenty-four members in accordance with BCO 15-4.  Upon election, each new member of the Standing Judicial Commission, before entering upon the duties of this office, shall sign a printed copy of the following vows; further, if the newly elected member is present, he shall affirm these vows in the presence of the Assembly electing him:

“I do solemnly vow, by the assistance of the grace of God, in my service as a judge in this branch of the church of our Lord Jesus Christ, that

1. I will act as before God, my Judge and the Searcher of hearts;

2. I will judge without respect to persons, and if so tempted, will recuse myself from judgment;

3. I will judge not according to appearances, but judge righteous judgment;

4. I will judge according to the Constitution of the Presbyterian Church in America, through my best efforts applied to nothing other than the record of the case and other documents properly before me; and

5. If in a given case I find my view on a particular issue to be in conflict with the Constitution of the Presbyterian Church in America, I will recuse myself from such case, if I cannot conscientiously apply the Constitution.”

SIGN: ____________________________________________

Print Name: ________________________________________

Date ______________________________________________